PENERAPAN SANKSI ADAT TERHADAP TINDAK LANJUT PIDANA PENCURIAN TERNAK

(Studi Kasus di Kecamatan Simpang Tiga)

Abstract

This research aims to find out the form of customary sanctions against the perpetrators
of cattle theft crimes and obstacles in the application of customary sanctions against
the criminal follow-up of theft as well as the view of Islamic law towards the
mechanism of the lifting of customary sanctions for the perpetrators of theft crimes in
Simpang Tiga Sub-district. The method used in this study is a qualitative method in the
collection of author data using library research methods and field research methods.
The results showed that the form of customary sanctions against the perpetrators of
the crime of theft of livestock in is to use customary law, and the provision of sanctions
against the perpetrators of the crime of theft of livestock based on village deliberations
with indigenous figures after the process of arresting the perpetrator of the theft of
livestock is given advice, reprimand, perpetrators make apology statements to the
victim, as well as compensate all losses from the theft. The obstacles in the application
of customary sanctions against perpetrators of the criminal follow-up of cattle theft
are the low understanding of the community towards indigenous law, the lack of
understanding of the basic duties and functions, not the people who understand about
the customary law, the absence of certain community groups who do not want to accept
the ruling of customary law, and the lightness of customary sanctions against the
perpetrators of theft crimes. The view of Islamic law towards the mechanism of
sentencing of customary sanctions for perpetrators of minor theft crimes with the
punishment of advice, reprimand, penalty of fines through deliberation and kinship is
not contrary to Islamic law.